A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyous event. However, medical mistakes during the labor and delivery process can cause serious birth injuries. These injuries can have long-lasting consequences and a significant financial burden for families.
A Denver birth injury attorney can help parents recover the compensation they owe their child for his or her lifetime requirements for care. An action is possible at any time prior to a minor's eighth birthday.
Causes of Birth Injuries
Medical malpractice is when doctors or other health professionals stray from accepted medical practices, causing injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses as well as the loss of income and inability to meet your child's basic needs, is one of the most avoidable birth injuries. An experienced Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation.
Anoxia is among the most frequent birth injuries. This type of birth injury can cause irreparable brain damage that can affect the child's mental, physical and emotional performance. It could also lead to developmental delays as well as impulsive behavior and learning disabilities.
Another form of
birth injury attorney in nyc trauma is nerve damage. This can include nerve injuries in the brachialplexus that extend from the spine to the arm, shoulder and neck. These injuries can cause an impairment in the arms, hands and fingers. These injuries may also lead to Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby is stuck in the birth canal and force is applied to deliver the baby. This could be due to a doctor, nurse, or midwife mishandling the situation, causing injury to the brachialplexus.
Other injuries can include a lack of blood flow to the fetus, low oxygen levels during labor and birth and intubation that is not properly done or an obstruction to the airway, high bilirubin levels, and distress of the fetus. Fetal distress can be identified through a simple test known as the Apgar score. This test measures a newborn's skin color and breathing, muscle tone and heart rate after birth.
Some birth injuries need immediate medical attention, while other injuries might not be discovered until months or even years after the baby's birth. For example, skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. For example brain imaging may reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Many
birth injury attorney near me injuries result of negligence or medical malpractice. These lawsuits assert that a doctor, nurse, midwife, or other healthcare provider failed in their duty of care to the mother and child by their actions or inaction.
A lawyer can help parents in constructing a solid case by reviewing the medical records of a patient and retaining expert witnesses. Medical professionals can offer evidence to prove that the actions of a healthcare professional or inactions, hurt a patient.
In most cases, these medical experts will testify that the doctor or other healthcare provider's actions were below a standard of care for their specialty. They can also provide their opinions on the harms that a healthcare provider could have been able to prevent. The attorney will then use this information to negotiate with the doctor or hospital to reach a settlement.
In many instances, the hospital or doctor will settle prior to an investigation. They are trying to avoid negative publicity and may accept a settlement to safeguard their reputations. If the hospitals or doctors refuse to accept a settlement, a lawyer could make a claim for medical malpractice in court.
If a lawsuit has been filed, the parents become plaintiffs, while nurses, doctors and other medical professionals become defendants. Lawyers will begin the discovery process, which involves sharing all the information that supports the case. They will also make sworn statements, or depositions.
The attorneys will argue that the defendants were negligent in failing to adhere a standard of care in their profession, and that this negligence caused the injury to the child. They will request compensation for the losses resulting from the injury, which include medical bills loss of earnings, as well as other expenses. A jury or judge may award additional damages, including non-economic losses, like pain and suffering. In some cases juries and judges can also award punitive damage, which is meant to punish defendants for their utter negligence or disregard.
A Denver birth injury lawyer can help parents understand and assert their rights, and fight for fair compensation that covers medical costs, therapy fees and other related costs to an injury. They can help families determine their total losses and file a lawsuit against negligent healthcare providers.
Statute of Limitations
If medical professionals fail to provide a baby or mother with the appropriate standards of medical attention during labor and birth, and the injuries result in life-altering consequences, victims can bring a lawsuit. A birth injury attorney can assist families in establishing an effective case to seek compensation for medical expenses, lost wages (if the parent needs to leave work to take care of their child) and other damages.
A birth injury lawyer is important to contact as soon as you can following a suspected medical mistake during the delivery process. The law of the state has deadlines that victims must comply with. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also effectively argue for extensions if required.
After a lawyer has taken on a case, they can begin constructing a strong argument to justify the claim for damages by gathering the necessary evidence. This can include medical documents of the mother and child, as well the testimony of experts. These experts can explain to the court the standard of care in this type of situation, and also explain why the medical provider's actions weren't in accordance with the standard of care.
The lawyer can also pursue compensation damages, based on the extent of the injury. These could include both non-economic and economic damages, such as suffering and pain, emotional distress as well as loss of enjoyment life, and so on. In some cases lawyers may demand punitive damages to punish the defendant as well as serve as a warning to others.
Victims of birth injuries often have multiple claims against a variety of defendants, including doctors nurses, midwives and other medical professionals. The lawyers of a firm that handles birth injuries can conduct an exhaustive investigation to determine which defendants are accountable for the negligence and who is liable. They can then pursue maximum compensation for the victim and their family. The state laws limit the total amount of damages that can be granted in a medical malpractice lawsuit, however, it is possible to include all personal and financial losses as a result.
Compensation
Birth injuries can be anything from minor, like broken bones to more serious ones that impact a child's health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant is deprived of oxygen the brain and other vital tissues are not able to get the nutrients they require to function effectively. Many factors can cause deficiency of oxygen during labor and birth, including a long or complicated pregnancy as well as the use of the vacuum during the birth process.
A Denver birth injury
attorney birth injury pennsylvania can help victims and families bring a lawsuit in order to get compensation for damages, including medical expenses as well as lost wages, pain and suffering. A claim can also be used to pay for the cost of equipment and therapy programs that may be necessary for the child's care.
It is crucial to engage an attorney who is local to your area since it will decrease the amount of time needed to be spent traveling between appointments as well as court dates and other legal proceedings. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to be aware of whether they have had previous issues or had a previous history of negligence or malpractice.
Medical malpractice claims can be extremely complicated and costly, and many insurance companies attempt to avoid responsibility by blaming the victim for the accident. A birth injury lawyer with experience investigating cases can determine what transpired, who was at fault, and the value of the injury.
A lawyer can also take on the task of preparing the case, which is often lengthy and requires expert testimony from doctors and other qualified experts. Additionally, a lawyer can ensure that the statute of limitations is followed and that all the necessary medical records are gathered prior to filing an action.
The sooner you speak to the Denver birth injury lawyer the sooner you can contact a
Denver birth injury attorney. The lawyer can begin to work on investigating your claim and gathering the evidence needed to present a compelling case for compensation. The medical documents as well as expert witness statements and other evidence are crucial to show the injury suffered by your child was the result of the medical professional's negligent actions. To determine the value of your case, schedule a consultation today with an experienced Colorado birth injuries lawyer.
